Chief Justice Suhartoyo delivering the verdict for the judicial review of Law No. 14 of 2005 on Teachers and Lecturers, Thursday (10/30/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) rejected the entire judicial review of Law No. 14 of 2005 on Teachers and Lecturers on the retirement age for teachers set at sixty years of age, filed by certified civil-servant teacher Sri Hartono. The ruling hearing for Decision No. 99/PUU-XXIII/2025 took place on Thursday, October 30, 2025 in the plenary courtroom, presided over by Chief Justice Suhartoyo and six other constitutional justices.

Court’s Legal Considerations

Delivering the Court’s legal considerations, Constitutional Justice Enny Nurbaningsih explained that the functional position of teachers has been regulated since 1993 through the Decree of the Minister of Administrative Reform No. 84 of 1993, which has been continuously updated until the Regulation of the Minister of Administrative Reform No. 21 of 2024.

“In Regulation of the Minister of Administrative Reform No. 21 of 2024, the functional position of teachers is divided into four levels: junior (ahli pertama), senior (ahli muda), associate (ahli madya), and executive (ahli utama) teachers,” Justice Enny said.

She added that the regulation on the retirement age for teachers in Law No. 14 of 2005 differs from that on other functional positions—Government Regulation (PP) No. 11 of 2017 on Civil Servant Management. That regulation provides for a general retirement age, but certain functional positions are subject to specific regulations through their respective laws.

Justice Enny cited examples: the retirement age for prosecutors is regulated by Law No. 11 of 2021, which sets the age at 60, while researchers and engineers may retire at 70 under Law No. 11 of 2019 on the National System of Science and Technology. 

Fairness, Proportionality of Retirement Age

The Court held that although retirement age varies among professions, the limit of 60 years for teachers remains proportional and fair. Government data presented during court proceedings indicated that Indonesia has 3,087,197 teachers, consisting of 1,731,641 state civil apparatus (ASN) and 1,355,556 non-ASN teachers. Meanwhile, the Ministry of Religious Affairs currently employs 148,031 teachers.

According to 2025 data from the Directorate-General of Teachers and Education Personnel (GTKPG) of the Ministry of Primary and Secondary Education, there are 345,555 civil servant teachers over 55 years old, compared to 314,891 teachers under 35. This situation demonstrates the need for effective recruitment and retirement management policies to ensure the sustainability of the teaching workforce. 

Encouraging Study on Extension for Executive Teachers

The Court also highlighted the Government’s need to conduct a comprehensive study on the possibility of extending the retirement age for executive teachers to 65 years.

Such a matter, according to the Court, falls within the authority of the legislature rather than that of the Constitutional Court. The study, the Court added, should take into account health factors, professional competency, and the potential impact on the quality of the national education system. 

Teachers, Lecturers Not Equivalent

In response to the Petitioner’s argument that teachers’ retirement age should be the same as that of lecturers, the Court ruled that the two positions cannot be equated. It held that the functional position of teachers requires at least a bachelor’s degree (S1), while lecturers must hold at least a master’s degree (S2). Consequently, lecturers generally begin their careers at an older age than teachers. If both shared the same retirement age, the length of service for teachers would be significantly longer.

Furthermore, lecturers with the rank of professor who demonstrate exceptional achievement may retire at the age of 70, as stipulated in Article 67 paragraph (5) of Law No. 14 of 2005, but that is a special provision not applicable to teachers.

Based on all legal considerations, the Court found that Article 30 paragraph (4) of Law No. 14 of 2005, which regulates the retirement age limit for teachers, provides legal certainty and does not violate citizens’ constitutional rights as guaranteed under Article 28D paragraphs (1) and (2) of the 1945 Constitution. Accordingly, all of the Petitioner’s arguments were declared legally unfounded.

Also read:

Civil-Servant Teacher Asks for Higher Retirement Age

Civil-Servant Teacher Revises Petition on Higher Retirement Age

Govt Gives Reasons Why Teachers Are to Retire at Sixty

Nasir Djamil: Teachers’ Retirement Above Sixty Non-Ideal

Hearing on Teachers’ Retirement Age Postponed

Experts Differ in Viewing Teachers’ and Lecturers’ Retirement Ages

At the preliminary hearing on Tuesday, June 24, the Petitioner for case No. 99/PUU-XXIII/2025, who appeared virtually at the hearing, argued that the regulation stipulating a lower retirement age for teachers compared to lecturers contradicts the principle of meritocracy in civil service (ASN) policy. “The provision establishing different retirement ages for teachers and lecturers does not reflect the principle of meritocracy,” he said.

He further emphasized that such disparity not only creates injustice but also fosters social tension between the teaching and academic professions. According to him, mandatory retirement at the age of 60 has had a direct and tangible impact on him, both administratively and psychologically.

He also highlighted the fact that Indonesia is currently facing a shortage of educators, as reported by the Ministry of Administrative and Bureaucratic Reform and the Ministry of Education, Culture, Research, and Technology. Therefore, enforcing retirement for experienced teachers at 60 years of age is seen as counterproductive to the Government’s efforts to strengthen the quality of human resources in the education sector.

For these reasons, Sri Hartono requested that the Constitutional Court declare the provision regulating the retirement age for teachers in the Teacher and Lecturer Law unconstitutional and not legally binding unless interpreted to mean that the retirement age for teachers should be equal to that of lecturers at 65 years.

The decision can in full be read here.

Author         : Utami Argawati
Editor          : N. Rosi
PR               : Raisa Ayuditha Marsaulina
Translator     : Yuniar Widiastuti (NL)

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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